(A) General. To obtain a permit for any wrecker, a towing company shall file a written application with the TCPD. The application shall contain the following information:
(1) Year and make of the wrecker to which the permit will apply;
(2) Vehicle identification number (VIN) of the wrecker and copy of state certificate of title;
(3) Current state license plate number for the wrecker;
(4) Full business name, address and telephone number for the true wrecker title owner. A DBA or assumed name shall be accompanied by the name of the underlying business entity;
(5) Full business name, address and telephone number for the towing company (if different from title owner). A DBA or assumed name shall be accompanied by the name of the underlying business entity;
(6) The operator’s state operator’s license number;
(7) The name of the insurance company, the policy number and the insurance agent’s name and telephone number;
(8) A list of the vehicle storage facilities the towing company uses and that are listed for that wrecker, and which shall be located within the city limits;
(9) The applicant’s original signature;
(10) Cab card issued by the state. Full business name on cab card shall match the full business name on application;
(11) Tax ID number for the towing company (for business identification purposes only);
(12) Working phone number listed under towing company, with contact information of the towing company in the city; and
(13) Wrecker shall be owned or leased by the towing company. If the wrecker is leased, a copy of the lease agreement shall be provided. The lease agreement shall cover the full period of the permit.
Leased wreckers shall only be used by the towing company making application for that wrecker. The same wrecker shall not be used by another towing company on rotation.
(B) Accompaniments. The written application form shall be accompanied by:
(1) Copies of vehicle registration listing and cab card issued by the Texas Department of Transportation (TXDOT). Business name on cab card shall be the same name as on the application;
(2) Copy of towing company DBA, partnership agreement or articles of incorporation, if applicable;
(3) Receipt from the County Tax Office showing current registration, or if the wrecker is registered outside the county, the current registration from the county where the wrecker is located;
(4) Proof designated inspection was passed;
(5) Copy of the towing company’s most recent wrecker invoice;
(6) Current original business card for the towing company, which shall include the full business name, business phone number and all addresses and phone numbers of storage lots to be used by the towing company;
(7) Original certificate of insurance for the wrecker being permitted, with the additional insured named as follows:
City of Texas City
1801 9th Avenue North
Texas City, Texas 77590
(8) The application shall be submitted to the TCPD by hand delivery or by delivery through the United States Postal Service or any private courier service. Applications or supporting documentation shall not be submitted by facsimile or electronic mail.
(a) Yearly renewal package. Yearly renewal package fee of $450 to cover all expenses such as two identifications, backgrounds checks, two wrecker inspections, paper work, and verification of documents.
(b) Additional drivers. Additional drivers shall be required to pay a $25 administration fee for background and driver’s licenses’ verifications.
(c) Identification cards. Identification cards shall be issued by the TCPD and shall be worn above the waist on the outer layer of clothing at all times by wrecker drivers while on scene during a pick up.
1. These identification cards shall be issued to all drivers who successfully passed a background check.
2. The fee shall be the responsibility of the drivers and/or owners of the wrecker company.
3. Any lost identification cards shall cost $25 for replacement.
(d) Additional wreckers. Additional wreckers added over the required minimum of two shall be assessed an additional $25 fee per wrecker, which includes the wrecker inspection.
(e) Fees.
1. All application, inspection, and tow truck operator license fees shall be remitted at the time of submission of the permit application.
2. These fees are nonrefundable except where provided by law.
3. The TCPD Chief of Police, or his or her designee, may review the application process to determine if any applicable refund is required;
(9) In order to operate a wrecker/tow truck in the city, the following requirements shall be met:
(a) Be at least 18 years of age;
(b) Be authorized to work full-time in the United States;
(c) Be able to communicate in the English language;
(d) Shall not have been convicted of a felony offense in the preceding five years or a class A or B misdemeanor in the preceding two years.
1. Less than two years have elapsed since the date of conviction, the date of release from confinement imposed for the conviction, or termination of probation, whichever is later; if the applicant was convicted of a misdemeanor offense.
2. Less than five years have elapsed since the date of conviction, the date of release from confinement for the conviction, or the termination of probation or parole, whichever is the latter; if the applicant was convicted of a felony;
(e) Shall not be a convicted sex offender;
(f) Each applicant shall have his or her fingerprints taken by the TCPD at the time the permit application is submitted, and shall be subject to a background investigation conducted by the TCPD.
(10) An applicant for a wrecker permit shall submit the application and fee to the TCPD; and
(11) A copy of the vehicle storage facility permit issued by the state.
(C) Issuance. If the TCPD determines that the applicant has satisfied all requirements under this subchapter, a permit shall be issued.
(D) Expiration of permit. All wrecker permits expire annually at midnight on December 31, regardless of the issue date. To renew a permit, the applicant shall file a renewal application.
(E) Permit renewal.
(1) Wrecker permit applications shall be submitted to the TCPD from October 1 through December 1 for the next calendar year.
(a) Permits shall be valid for a period of one year.
(b) The deadline for the annual application process shall be December 1 of the year immediately preceding the effective year of the permit.
(c) When the yearly application renewal period closes, new applications shall not be accepted until the following December.
(d) If a wrecker company misses the deadline, TCPD shall accept applications for the next calendar year.
(2) A towing company that fails to renew the permit before it expires shall be removed from the non-consent tow master list.
(3) Operating a wrecker with an expired permit constitutes a violation of this subchapter.
(4) Permits shall be granted to the original applicant only and are non-transferable. Sale of a business shall require the new business to apply for a new permit.
(5) Permits are not assignable or transferable; except that, a permit may be transferred to a replacement truck if:
(a) The replacement truck belongs to the same towing company and the original truck shall no longer be used by the towing company on rotation;
(b) The towing company obtains written permission from the TCPD;
(c) The replacement truck passes the required inspection;
(d) Proof of insurance is submitted to the TCPD; and
(e) Failure to follow this process constitutes a violation of this subchapter.
(F) Insurance requirements.
(1) An applicant shall procure, and keep in full force and effect, a policy of liability and property damage insurance. Joint insurance with another company or permit holder shall not be allowed. At the time of initial registration and upon renewal, the registrant shall file, or cause to be filed, a certificate of insurance with the TCPD. The certificate shall clarify the type and amount of insurance coverage and provide for 30 calendar days’ notice to the TCPD of cancellation of, or material change in the policy. The certificate shall name the city as an additional insured. Prior to the issuance of any wrecker permit, the applicant shall file with the TCPD, or cause to be filed, proof of motor vehicle liability insurance coverage issued by an insurance company listed as an authorized auto liability lines carrier on the State Department of Insurance list of authorized insurance companies. Each policy shall be issued by a casualty insurance company authorized to do business in the state and that complies with all applicable rules and regulations of the State Board of Insurance. Proof of insurance shall be carried in the wrecker at all times.
(2) The required insurance for injury to or destruction of property in any one collision shall be $50,000.
(3) A towing company shall maintain insurance for each wrecker it owns or operates that meets the requirements of all other applicable statutes, in addition to meeting the insurance requirements set forth in this subchapter. A law enforcement officer may request proof of insurance from the owner/operator.
(4) A towing company shall not perform any non-consent tows if it fails to provide the required insurance coverage.
(1998 Code, § 126-32) (Ord. 03-38, passed 10-15-2003; Ord. 03-49, passed 11-5-2003; Ord. 12-14, passed 5-2-2012; Ord. 16-01, passed 2-17-2016)